Common use of Latent Defects Clause in Contracts

Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("Latent Defects"). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace all Light Sources so involved at its expense. For purposes of this Section 3.4, "defect" shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "defect" for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5

Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("“Latent Defects"”). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's ’s election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace [c.i.] all Light Sources Source(s) so involved at its expense[c.i.]. For purposes of this Section 3.4, "“defect" ” shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "“defect" ” for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5[c.i.].

Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("Latent Defects"). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace [c.i.] all Light Sources so involved at its expense[c.i.]. For purposes of this Section 3.4, "defect" shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "defect" for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5[c.i.].

Latent Defects. It is recognized that it is possible for a Light Source to have defects which are not be discovered upon reasonable physical inspection or testing ("Latent Defects"). As soon as either party becomes aware of a Latent Defect in any Light Source it shall immediately notify the other party as to the serial number(s) of the Light Source(s) involved, which at DUSA's election, shall be deemed rejected as of the date of such notice. NBC agrees to repair or replace [C.I.] all Light Sources Source(s) so involved at its expense[C.I.]. For purposes of this Section 3.4, "defect" shall mean that a Light Source fails to conform to the warranties given by NBC herein; however, "defect" for purposes of the foregoing, shall exclude defects in the design of the Output Regulating Circuitry System, the Plastic Housing and the Stand. 7 3.5[C.I.].